Friday, 21 May 2010

21 May 2010

Which Laws To Repeal? 

It really is quite extraordinary. 

Our new, naïve, deputy prime minister finds himself in the second most powerful job in the nation after losing seats at the general election.  But he doesn’t know which laws to repeal. 

If that paragraph was from Alice in Wonderland no-one would be surprised.  But this is the United Kingdom in 2010.  Heaven help us! 

We all know neither he nor Cameron will take the slightest notice of any suggestions.  This invitation is school-room politics, said for effect.  Worse, if he were serious it would reflect an appalling lack of preparation by both political parties before the election.

 

The present wave of sloppy thinking is truly breath-taking.  We now have, out of the blue, a commitment which was not included in either manifesto to elect a House of Lords and to enforce fixed-term parliaments.  They must be out of their collective minds.  (I shall have more to say on those ideas in a day or so.) 

Meanwhile, the cast-iron Tory manifesto commitment to repeal the Human Rights Act, for instance, has simply been abandoned to appease the Lib-Dims.  But then the Lisbon Treaty told us all we needed to know about the value of Tory cast-iron guarantees. 

Most of the truly important changes the Tories had promised have been ditched in the interests of compromise.  The coalition manifesto – if that is what it is – is full of relative trivia, much tweaking of mere operational details.  There is no big vision.    

Expediency rules - again. 

An earlier posting of mine argued that no law passed since 1999 was lawful after the botched reform of the House of Lords.  That could be Clegg’s starting point for a repeal programme, and a short-cut to remove the 5000 new laws and over 3000 new criminal offences inflicted on this long-suffering country during the years of Nu-Labour. 

But such dramatic action is unlikely.  It would create too many daunting problems for our new and adolescent government.  The elegant concept of enforcing the rule of law as an unarguable starting point is obviously too much for them. 

So the invitation to make proposals becomes irresistible, especially knowing they will be ignored. 

 Here’s my contribution: 

Inevitably we must start with repeal the European Communities Act 1972, which gets us out of the EU.  Over 40,000 EU regulations will fall automatically as well.  They depend for their legal status on Statutory Instruments passed under the same Act. 

Even if Clegg and Cameron decline any such suggestion, at the very least they should impose a cost:benefit analysis of all EU legislation in future, and as quickly as possible over all past EU regulations.  As I said in an earlier posting, they should warn Brussels that any regulations that fail such a test will not be enforced in the UK.  

The Commission could not complain since they told me five years ago that the EU could not undertake such an exercise because “the criteria would be different in each country”.   And that is precisely why it is in the UK’s best interests to do so.  What’s more, the EU couldn’t argue with the consequences! 

Back home, during its 13-year reign of terror, Nu-Labour passed over 500 new Acts of Parliament, six on immigration, eight on terrorism, 12 on education, 11 on health and social care, and 25 on criminal justice.  Many of them were enacted simply to comply with new EU directives.  Not one of them, nor the quangos they created, has improved our quality of life.  Quite the reverse.  All of them should go. 

So, repeal all UK primary law based on EU directives, including Human Rights, Health and Safety, Regional Assemblies, Data Protection, Race Relations, and many others imposed by Brussels

Lobbies wishing to re-create abolished EU law must be obliged to make the case again in the context of the best interests of the British people.  They must not be allowed to continue by default. 

 Contract law (since 1297) will protect existing contracts and the Indemnity Act 1766 can provide – say – two years moratorium allowing time for willing parties to renegotiate freely their existing contracts framed under EU ‘law’.

 Repeal the Hunting Act 2004 and the Firearms Acts of 1996 and 1997, all of which have seriously damaged country life.  The latter two have also led to an increase in violent crime in our towns and cities.

 Abolish all legislation and agencies of government responsible for enforcement of nanny state attitudes or demands on ordinary people.  Abolish the hundreds of expensive, interfering unaccountable and unelected quangos which meddle in people’s lives sometimes with the subtly of a sledgehammer. Any surviving quangos should be made liable under the Harassment Act 1997 to individuals faced with oppressive intrusion into their lives. 

A huge bonus from the abolition of these busy-bodies would be the savings in public expenditure.  It must run into billions. 

In addition to those mentioned above, the following are a few of the more pernicious Acts of Parliament which need to be repealed in full or in part to restore British liberty.  This is by no means an exhaustive list and, to be fair, at least one is on Clegg’s little list already: 

Civil Contingencies Act 2005

Criminal Justice Act 2003

Extradition Acts 2003 and 2006

Health and Safety Act 1997

ID Cards Act 2006

Legislative and Regulatory Reform Act 2006

Police and Justice Act 2006

Proceeds of Crime Act 2002

Terrorism Act 2005

 Abolish the Local Government Standards Board which allows officials to complain when elected councillors criticise them.

 Abolish all targets for hospitals, schools and the police, the effect of which has been to divert effort away from their real purpose towards avoiding trouble from the government.

 Now let’s turn the coin over. 

Here are a few things this new government should do, some of which featured in another earlier posting :

 Employment: Restore the right of employers to employ the best candidate for any job. 

Health: Restructure hospital managements so that doctors’ clinical judgements and patients needs come first.  Doctors and nurses should decide.  Managers should manage.

 Restore matrons and their powers to manage wards. 

 Criminal Justice:  Immediate restoration of Habeas Corpus and the protection of British law whenever a foreign country seeks extradition of a British national.  The prima facie case against him or her must be heard and decided by a British court. 

Public Services:  Restore British ownership of essential public services and protect our vital national interests using Mrs Thatcher’s famous golden share principle.  There can be no foreign majority ownership of essential British utilities.    

Farming:  Restore the right of British farmers to grow whatever they like.

 Fishing: Ban all foreign fishing vessels in a 200 miles area around UK coasts 

Defence: Restore spending on defence to at least five per cent of total public spending to ensure the armed forces have the capabilities and resources to defend this country and assist where needed in peace-keeping duties around the globe.  

Migration: Re-establish clear difference between economic migration and genuine pleas for asylum.  Britain should accept its share of genuine refugees but without necessarily offering British nationality.  The Immigration Service should be focused on identifying and completing genuine cases within one month, using tough and fair criteria. 

All visa applications to be made from abroad.  No visa, no travel. 

Limit work permits to essential workers only.  No right to benefits.  ‘Support yourself and your families or leave’. 

 Encourage the return of immigrants to their own countries.  ‘Be a part of the British way of life or leave.’

 Deport all illegal immigrants and convicted criminals not born in the UK.  Encourage voluntary repatriation. 

Ban visas to all Imams who are unable to speak English, and those known to preach violence.  Deport Imams who preach incitement to violence.

 Segregate revolutionary Islamists from the general prison population.  

Prevent infiltration of extremist Islamic views into the government, police and armed services by positive vetting of applicants and routine monitoring afterwards.

 Most of the above will not happen.  We know that.  

But it should.  And the sooner the better.

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